- “Company” shall mean Crean City its successors and assigns or any person acting on behalf of and with the authority of Ceramic City.
- “Buyer” shall mean the person or entity described as such on the invoices, application for credit, quotation, work authorisation or any other forms to which these terms and conditions apply, and shall mean any person acting on behalf of and with the authority of such person or
- “Guarantor” means that person (or persons), or entity, who agrees to be liable for the debts of the Buyer on a principal debtor basis.
- “Goods” shall mean Goods supplied by the Company to the Buyer (and where the context so permits shall include any supply of Services as hereinafter defined) and are as described on the invoices, quotation, work authorisation or any other forms as provided by the Company to the
- “Services” shall mean all services supplied by the Company to the Buyer and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined above).
- “Price” shall mean the cost of the Goods and/or Services as agreed between the Company and the Buyer subject to clause 3 of this
- Any instructions received by the Company from the Buyer for the supply of Goods and/or Services and/or the Buyer’s acceptance of Goods and/or Services supplied by the Company shall constitute acceptance of the terms and conditions contained
- Special orders for Goods which are not shown as stock items in the Company’s official list must be placed in writing. Special orders are not subject to
- Where more than one Buyer has entered into this agreement, the Buyers shall be jointly and severally liable for all payments of the
- Upon acceptance of these terms and conditions by the Buyer the terms and conditions are irrevocable and can only be amended with the written consent of the
- The Buyer undertakes to give the Company at least fourteen (14) days’ notice of any change in the Buyer’s name, address and/or any other change in the Buyer’s
3) Price and Payment
- At the Company’s sole discretion the Price shall be either;
- as indicated on invoices provided by the Company to the Buyer in respect of Goods and/or Services supplied; or
- the Company’s quoted Price (subject to clause 3.2) which shall be binding upon the Company provided that the Buyer shall accept the Company’s quotation in writing within thirty (30)
- The Company reserves the right to change the Price in the event of a variation to the Company’s
- Time for payment for the Goods and/or Services shall be of the essence and will be stated on the invoice or any other forms. If no time is stated then payment shall be due thirty (30) days following the date of the
- At the Company’s sole discretion payment for approved Buyers shall be due thirty-one (31) days following the end of the month in which an invoice is raised to the Buyer, unless agreed otherwise with the
- Payment will be made by cheque, or by bank cheque, or by credit card, or by direct credit, or by any other method as agreed to between the Buyer and the Company.
- VAT and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the
4) Delivery Of Goods
- At the Company’s sole discretion delivery of the Goods and shall take place when the Buyer takes possession of the Goods at the Buyer’s address or an address nominated by the Buyer (in the event that the Goods are delivered by the Company or the Company’s nominated carrier).
- At the Company’s sole discretion, the costs of delivery are:
- included in the Price, or
- free of charge, subject to a minimum purchase value defined by the Company.
- The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. In the event that the Buyer is unable to take delivery of the Goods as arranged then the Company shall be entitled to charge a reasonable fee for
- The Company may deliver the Goods by separate installments. Each separate installment shall be invoiced and paid for in accordance with the provisions in these terms and
- The Buyer shall take delivery of the Goods tendered notwithstanding that the quantity so delivered shall be either greater or lesser than the quantity purchased provided that;
- such discrepancy in quantity shall not exceed 5%, and
- the Price shall be adjusted pro rata to the
- The failure of the Company to deliver shall not entitle either party to treat this contract as repudiated.
- The Company shall not be liable for any loss or damage whatever due to failure by the Company to deliver the Goods (or any of them) promptly or at all.
- If the Company retains ownership of the Goods nonetheless, all risk for the Goods passes to the Buyer on
- If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Buyer, the Company is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by the Company is sufficient evidence of the Company’s rights to receive the insurance proceeds without the need for any person dealing with the Company to make further
6) Buyer’s Disclaimer
- The Buyer hereby disclaims any right to rescind, or cancel the contract or to sue for damages or to claim restitution arising out of any misrepresentation made to the Buyer by the Company and the Buyer acknowledges that the Goods and/or Services are bought relying solely upon the Buyer’s skill and judgment.
- The Buyer shall inspect the Goods on delivery and shall within twenty-four (24) hours notify the Company of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Buyer shall afford the Company an opportunity to inspect the Goods within a reasonable time following delivery if the Buyer believes the Goods are defective in any way. If the Buyer shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage. For defective Goods, which the Company has agreed in writing that the Buyer is entitled to reject, the Company’s liability is limited to either (at the Company’s discretion) repairing the Goods or replacing the Goods with Goods from the currently available stock, shade and
- Claims against breakages for single box delivery’s will not be accepted by the company
- Claims for damaged goods will not be accepted when delivery dockets have been signed by the buyer
- Claims for breakages or shortages will not be accepted when delivery dockets have been left unsigned.
- Photographic evidence must be provided to the company within 24 hours to support any claim for any damaged goods and must be on the actual pallet of delivery.
- We recommend the use of our tile levelling system, it can assist in all types of floor & wall tile installations especially the installation of large format tiles.
- When tiling surfaces that will be in direct contact with water we advise our customers to use epoxy grout in these particular areas. When tiling offset, We recommend joints to be offset by no more than 10% from the preceding row. Signed clear proof of delivery is stating that the customer is accepting that the pallet/ pallets have arrived in tact and undamaged and as a result there cannot be an insurance claim made afterwards for damages to that delivery. If on the other hand that the customer inspects the pallet and finds that the wrap has been torn or the pallet has been hit then the process for an insurance claim will be started but it is very important that our client sign the proof of delivery as Damaged and take pictures of the wrapped damaged pallet before they assess the damage underneath the wrap.”, (goods signed unchecked on delivery dockets will not be accepted by our hauliers for comebacks on breakages or shortages) This above states that unless these measures are undertaken (no claims for breakages will be accepted)
- In the event of a proof of delivery being signed damaged there is a period of 24 hours to report to ourselves the list of items broken along with all photographic evidence and the delivery docket number, All this information can be emailed to email@example.com If the above measures are not implemented, we will have no grounds for a claim and the buyer will be liable for all costs
- All items delivered without a pallet are not insured, therefore no claims for these will be accepted (To avoid the risk of receiving damaged goods we advise all our customers to order single boxes on our quarter pallet).
- Returns will only be accepted provided that:
- the Buyer has complied with the provisions of clause 8.1; and
- the Company has agreed in writing to accept the return of the Goods; and
- the Goods are returned at the Buyer’s cost within thirty (30) days of the delivery date; and
- the Company will not be liable for Goods which have not been stored or used in a proper manner; and
- the Goods are returned in the condition in which they were delivered and with all packaging material, brochures and instruction material in as new condition as is reasonably possible in the circumstances; and
- all Goods returned must be accompanied by a document detailing the invoice number on which the Goods are supplied as this provides the basis for a credit note to be
- The Company may (in its discretion) accept the return of Goods for credit but this may incur a handling fee of twenty euro (€ 20.00) or 20% (whichever is the greater) of the value of the returned Goods plus any
- In the event of Goods being returned without the proper documentation a 50% restocking charge will be levied to cover increased administration costs, provided all other conditions are
- No Goods shall be supplied on sale or return
- Return of good will not be accepted unless the match the company’s current shade/batch no.
- No part boxes or loose tiles will be accepted for return
- For Goods not manufactured by the Company, the warranty shall be the current warranty provided by the manufacturer of the Goods. The Company shall not be bound by nor responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the
- No tiles or fittings can be guaranteed against crazing or shading. The Company reserves the right to refuse any responsibility for wall, floor or mosaic tiles crazed, shaded or in fact faulty in any way, once these said
Goods have been fixed, as all Goods should be carefully inspected before fixing. The use of the Goods delivered implies their acceptance by the Buyer.
- All stone (Travertine, Marble, Granite, Limestone, etc) is a product of nature and therefore no guarantee can be made regarding any aspect of the material’s colouring, stains resistance, ware resistance, shock resistance or environmental suitability.
10) Sale of Goods Act 1893 and Sale of Goods and Supply of Services Act 1980
- This agreement is subject to the provisions of the Sale of Goods Act 1893 and the Sale of Goods and Supply of Services Act 1980 in all cases except where the Buyer is contracting within the terms of a trade/business (which cases are specifically excluded).
- Notwithstanding clause 11.1 nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the Sale of Goods Act 1893 (in particular sections 12-15), or the Sale of Goods and Supply of Services Act 1980, or any laws or legislation governing the rights of consumers, except to the extent permitted by those Acts laws or
- In particular where the Buyer buys Goods and/or Services as a consumer the provisions of Clauses 8, 9 and 10 above shall be subject to any laws or legislation governing the rights of
11) Intellectual Property
- Where the Company has designed, drawn or written Goods for the Buyer, then the copyright in those designs and drawings shall remain vested in the Company, and shall only be used by the Buyer at the Company’s
- The Buyer warrants that all designs or instructions to the Company will not cause the Company to infringe any patent, registered design or trademark in the execution of the Buyer’s
12) Default & Consequences of Default
- Interest on overdue invoices shall accrue from the date when payment becomes due daily until the date of payment at a rate of 2.5% per calendar month and such interest shall compound monthly at such a rate after as well as before any
- If the Buyer defaults in payment of any invoice when due, the Buyer shall indemnify the Company from and against all costs and disbursements incurred by the Company in pursuing the debt including legal costs on a solicitor and own client basis and the Company’s collection agency
- Without prejudice to any other remedies the Company may have, if at any time the Buyer is in breach of any obligation (including those relating to payment), the Company may suspend or terminate the supply of Goods and/or Services to the Buyer and any of its other obligations under the terms and conditions. The Company will not be liable to the Buyer for any loss or damage the Buyer suffers because the Company exercised its rights under this
- If any account remains overdue after thirty (30) days then an amount of the greater of €20.00 or 00% of the amount overdue (up to a maximum of €200) shall be levied for administration fees which sum shall become immediately due and payable.
- Without prejudice to the Company’s other remedies at law the Company shall be entitled to cancel all or any part of any order of the Buyer which remains unperformed in addition to and without prejudice to any other remedies and all amounts owing to the Company shall, whether or not due for payment, become immediately payable in the event that:
- any money payable to the Company becomes overdue, or in the Company’s opinion the Buyer will be unable to meet its payments as they fall due; or
- the Buyer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
- a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Buyer or any asset of the
13) Security and Charge
- Despite anything to the contrary contained herein or any other rights which the Company may have howsoever:
- where the Buyer and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Buyer and/or the Guarantor agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to the Company or the Company’s nominee to secure all amounts and other monetary obligations payable under the terms and conditions. The Buyer and/or the Guarantor acknowledge and agree that the Company (or the Company’s nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be released once all payments and other monetary obligations payable hereunder have been
- should the Company elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Buyer and/or Guarantor shall indemnify the Company from and against all the Company’s costs and disbursements including legal costs on a solicitor and own client basis.
- The Buyer and/or the Guarantor (if any) agree to irrevocably nominate constitute and appoint the Company or the Company’s nominee as the Buyer’s and/or Guarantor’s true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause 1.
- The Company may cancel these terms and conditions or cancel delivery of Goods at any time before the Goods are delivered by giving written notice. On giving such notice the Company shall repay to the Buyer any sums paid in respect of the Price. The Company shall not be liable for any loss or damage whatever arising from such In the event that the Buyer cancels delivery of Goods the Buyer shall be liable for any loss incurred by the Company (including, but not limited to, any loss of profits) up to the time of cancellation.
15) Data Protection Act 1988 & Data Protection Act 2003
- The Buyer and the Guarantor/s (if separate to the Buyer) authorises the Company to:
- collect, retain and use any information about the Buyer, for the purpose of assessing the Buyer’s creditworthiness or marketing products and services to the Buyer; and
- to disclose information about the Buyer, whether collected by the Company from the Buyer directly or obtained by the Company from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or of listing (whether before or after judgement) a default by the Buyer on publicly accessible credit reporting
- Where the Buyer is an individual the authorities under (clause 16.1) are authorities or consents for the purposes of the Data Protection Act 1988 & Data Protection Act
- The Buyer shall have the right to request the Company for a copy of the information about the Buyer retained by the Company and the right to request the Company to correct any incorrect information about the Buyer held by the Company.
16) Unpaid Company’s Rights
- Where the Buyer has left any item with the Company for repair, modification, exchange or for the Company to perform any other Service in relation to the item and the Company has not received or been tendered the whole of the Price, or the payment has been dishonored, the Company shall have:
- a lien on the item;
- the right to retain the item for the Price while the Company is in possession of the item;
- a right to sell the
- The lien of the Company shall continue despite the commencement of proceedings, or judgment for the Price having been
17) Buyer’s Responsibilities
- The Company and the Buyer may agree to vary, add or delete parts of the work comprising the Goods and/or Services. The provisions of this agreement shall apply to all such variations and
- It is the Buyers responsibility to;
- ensure there is adequate access at the delivery point to accept the Goods; and
- make the delivery site available on the agreed date and time. Should delivery be delayed or interrupted by the failure of the Buyer to adhere to the delivery schedule agreed to between The Company and the Buyer then any additional costs will be invoiced to the Buyer as an extra; and
- provide at the location specified for delivery and at Buyer’s expense adequate and appropriate equipment and manual labour for off loading the Goods; and
- store the Goods in a proper manner to prevent the Goods from theft or damage from weather
18) Dimensions, Plans and Specifications
- The Company shall be entitled to rely on the accuracy of any plans, specifications and other information provided by the
- If the giving of an estimate or quotation for the supply of Goods involves the Company estimating measurements and quantities, it shall be the responsibility of the Buyer to verify the accuracy of the Company’s estimated measurements and quantities, before the Buyer places an order based on such estimate or accept such quotation.
- Should the Buyer require any changes to the Company’s estimated measurements and quantities, the Buyer shall request such changes in writing, in the case of an estimate before placing an order based on that estimate and in the case of a quotation before acceptance of that
- Each clause of this contract is severable and distinct from the others. If any provision of these terms and conditions is or becomes invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or
- These terms and conditions and any contract to which they apply shall be governed by the laws of Ireland and are subject to the jurisdiction of the courts of Ireland.
- The Company shall be under no liability whatever to the Buyer for any indirect loss and/or expense (including loss of profit) suffered by the Buyer arising out of a breach by the Company of these terms and
- In the event of any breach of this contract by the Company the remedies of the Buyer shall be limited to damages. Under no circumstances shall the liability of the Company exceed the Price of the Goods and/or
- The Buyer shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Buyer by the
- The Company may license or sub-contract all or any part of its rights and obligations without the Buyer’s
- The Company reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which the Company notifies the Buyer of such change. Except where the Company supplies further Goods and/or Services to the Buyer and the Buyer accepts such Goods and/or Services, the Buyer shall be under no obligation to accept such changes.
- Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either
20) Retention of Title
- It is the Title to the Goods shall remain vested in Ceramic City and shall not pass to the Customer, even if the goods have been installed/fitted but remain readily identifiable and capable of being removed, until all sums due by the customer to Ceramic City have been paid in full and received by Ceramic City. Until title to the Goods passes:
- Ceramic City shall have authority to retake, sell or otherwise deal with and/or dispose of all or any part of the Goods;
- Ceramic City and its agents and employees shall be entitled at any time and without the need to give notice enter upon any property upon which the Goods or any part are installed, stored, or upon which Ceramic City reasonably believes them to be kept;
- The customer shall store or mark the Goods in a manner reasonably satisfactory to Ceramic City indicating that title to the Goods remains vested in Ceramic City; and
- The customer shall insure the Goods to their full replacement value, and arrange for Ceramic City interest to be noted on the policy of insurance.
- Irrespective of whether title to the Goods remains vested in Ceramic City, risk in the Goods shall pass to the customer upon delivery.
- If the Customer becomes insolvent either by :-
- Having a winding up petition presented against it; or
- The appointment of a Receiver, Liquidator or Examiner
- Ceramic City shall be entitled to demand payment for all work done and materials supplied immediately.